Lee+v.+Weisman

Background:
Robert E. Lee, a principal of Rhode Island, invited a Rabbi to speak at a graduation ceremony. Deborah, Daniel Weisman’s Daughter was part of the graduating class. Weisman tried to get a temporary restraining order in a District court and was denied of such. After this, Weisman filed for a permanent injunction against Lee and other public school officials from inviting religious clergy to deliver invocations and benedictions at school ceremonies. Eventually Lee appealed to the Supreme Court.

Decision and Rationale:
In a 5-4 decision of the Supreme Court, they held that having prayers at school ceremonies violate the Establishment Clause of the First Amendment. They ruled that this would be creating, “a state-sponsored and state-directed religious exercise in public schools. The cornerstone principle of the Clause is that government cannot impose and force prayer and the reciting thereof or this creates a government sponsored religious program.

Impact on Teaching:
Since this has passed through the Supreme Court, it has become abundantly clear that no public school should, or really can have any type of religious program funded, or backed up by the school. Doing this would cause the government to be supportive of a religion, and the courts have ruled that doing such is against the constitution Not only can the school not support religious activities, but also teachers, while at the school, cannot impose religion on their students inside the classroom. This would also be a form of government sponsored religion.

Quiz Question:

What clause and what amendment did the court decide was violated in this case? a. Religion, 14th b. Religious, 8th c. Establishment, 1st d. Establishment, 7th

 **Whitney Harris **  **Lee v. Weisman ** **United States Supreme Court ** **Plaintiff: Weisman Defendant: Lee ** **Argued: November 6, 1991 Decided: June 24, 1992 ** Background: Weisman does not want prayer at his daughters graduation ceremony. Lee is the principal of the school and has invited a Rabbi to pray. Weisman tries to get a restraining order on the Rabbi just so that he can’t pray at the ceremony, but he is denied the restraining order. The Rabbi prays at the ceremony, and Weisman brings up another case after the ceremony. The new case was to keep Lee and other school officials from being allowed to invite clergy to pray at school functions. Decision and Rationale: Weisman won the case, and the appeal. The judges found that the clergy praying at the public school ceremony did indeed violate the Establishment Clause of the First Amendment. They said that the principal being responsible for the prayer was "a state-sponsored and state-directed religious exercise in a public school.” This is forbidden now. However, students are able to pray at their own will, even aloud publically, they just can’t force it on others. Impact on Teaching: Teachers have to be very careful with religion in the classroom. The time allotted for children to pray is called the ‘moment of silence’ or the ‘moment of reflection.’ Teachers are not allowed to force any religion on any student, and they are even told that it’s better to just never speak of personal preferences. If they were to tell a student where they went to church, or what they believed in, the student and the student’s parents could take it wrong and bring up a lawsuit against the teacher. As a teacher I will not speak about my religion in the classroom, I will not say where I go to church, and will not tell of my beliefs. It is a harsh world, and I’m better safe than sorry. School is not the time for such conversations. Quiz Question: Is state-sponsored prayer allowed at a public graduation? Y/N

  <span style="line-height: normal; margin: 0in 0in 10pt; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; mso-outline-level: 3; text-align: center;"> **<span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">Sandra Hansen ** <span style="line-height: normal; margin: 0in 0in 10pt; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; mso-outline-level: 3; text-align: center;"> **<span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">Court Case Week 2 ** <span style="line-height: normal; margin: 0in 0in 10pt; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; mso-outline-level: 3; text-align: center;"> **<span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">Lee vs. Weisman ** <span style="line-height: normal; margin: 0in 0in 10pt; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; mso-outline-level: 3; text-align: center;"> **<span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">No, 90-1014 ** <span style="line-height: normal; margin: 0in 0in 10pt; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; mso-outline-level: 3; text-align: center;"> **<span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">Supreme Court of the United States ** <span style="line-height: normal; margin: 0in 0in 10pt; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; mso-outline-level: 3; text-align: center;"> **<span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">Argued: Wednesday, November 6, 1991 ** <span style="line-height: normal; margin: 0in 0in 10pt; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; mso-outline-level: 3; text-align: center;"> **<span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">Decided: Wednesday June 24, 1992 ** <span style="line-height: normal; margin: 0in 0in 10pt; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; mso-outline-level: 3;">**<span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">Background: **<span style="font-family: 'Times New Roman','serif'; font-size: 12pt;"> Rhode Island principal Robert E. Lee invited Rabbi Leslie Gutterman to deliver the invocation and benediction under a recommended set of guidelines. Daniel Weisman, whose daughter Deborah was part of the graduating class tried to obtain a restraining order to prevent the prayers from being given. Weisman was denied the order and then later filed a permanent injunction against the public school officials from inviting religious clergy to deliver prayers to any future school ceremonies. <span style="line-height: normal; margin: 0in 0in 10pt; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; mso-outline-level: 3;">**<span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">Decision and Rationale: **<span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">The Supreme Court, in a 5-4 decision, determined that by having prayers during school ceremonies are in violation of the establishment clause of the First Amendment. They ruled that the allowance of allowing prayers would be creating, “a state-sponsored and state-directed religious exercise in public schools.” This decision no longer forces prayer on others but it does not keep individuals from praying at their own will. <span style="line-height: normal; margin: 0in 0in 10pt; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; mso-outline-level: 3;">**<span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">Impact on Teaching: **<span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">As a result of this ruling it clearly shows that the schools should not participate nor fund any religious program. It also demonstrates that teachers will need to be aware of the curriculum in which they teach and be aware that they not impose their beliefs inside the classroom. <span style="font-family: 'Times New Roman','serif'; font-size: 12pt; line-height: 115%;"> Quiz question: The Supreme Court ruled that having prayers in school ceremonies is constitutional. (T/F)